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Terms and conditions

 

Tortech – A Limited Partnership (LP) (Website) 

 

By placing an order  the www.tortech.com.au website you agree to the below terms and conditions set by Tortech LP:


GENERAL

This Tortech LP Shopping site at Tortech.com.au, (the “Site”) is a shopping website where you can browse, select and order products from Tortech LP (ABN31801764359). Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.

 

COMPLIANCE

You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the Site, you agree to comply with the terms of use.

You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.

 

PLACING AND ORDER FOR PRODUCTS

You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions. 

Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

 You agree to provide us with current, complete and accurate details when asked to do so by the Site.

 

ACCEPTANCE OR REJECTION OF AN ORDER

In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site.

 

Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:

a)     supply the Products in that order to you in accordance with these terms and conditions; and

b)     provide you with an email confirmation of that order.

 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

 

MAKING A CHANGE TO AN ORDER OR CANCELLATIONS

As we strive to process orders quickly, there is only a brief period of time during which you may change or cancel an order prior to dispatch. All orders are automatically processed on our secure merchant facility and this process incurs irreversible fees. If you wish to cancel an order, a full refund will be issued minus any transaction and/or other applicable fees incurred by Tortech LP due to the cancellation of your order.

 

Should you make a mistake when ordering your product, please contact us immediately and if your order has not yet been dispatched we will endeavour to accommodate your request.

 

OUT OF STOCK

Tortech LP will endeavour to ensure that all goods ordered by you are supplied to you. However, please be aware that our inventory can fluctuate throughout the day due to sales demand, so an item indicated as "stocked" when you place your order may, in fact, be out of stock. Unfortunately, we cannot process back-orders, so in this event, we will make every effort to contact you by phone or email immediately to notify you of the lead time for new stock to be available. In this circumstance we will also give you the option of cancelling the order for a full refund or offer you an alternative item which may be suitable to your requirements.

 

SHIPPING POLICY

PLACING YOUR ORDER – processing and handling times:

General Shipping Orders - will be processed and dispatched within 1 - 3 working days from our warehouse between Monday – Friday.

Express Shipping Orders - placed prior to 10 am will be processed within 1 working day from our warehouse between Monday – Friday.

 

Please note NOT all areas in Australia are guaranteed next day delivery when Express shipping method is selected.

You must check here if your address is within guaranteed next day delivery zone, we do not ship express items on the weekend they are shipped on a working day (Monday - Friday).

We are not responsible for any item that has not been delivered within time specified by Australia Post E-Parcel or our Courier Companies.

 

TRACKING

All orders dispatched by Australia Post E-parcel and our courier services are trackable . 

 A tracking number is issued by email from Australia Post E-parcel after your order is despatched.

You can check tracking details from our order status page

 

SHIPPING NOTES

Items less than 22 kg are generally shipped via the Australia Post E-parcel service and take between 1-5 days Australia Wide.

Delivery to other states i.e Western Australia may take 5-6 working days.

Items over 22 kg are shipped via TNT courier or other suitable courier services.

You are able to request that we use your own courier service; this must be done by contacting us on (02) 9642 6003.

 

INSURANCE:

All Items sent by Australia Post are traceable by are non insured, if you require additional insurance please advise or contact us an additional amount will need to added to your postage charge

 

INTERNATIONAL SHIPPING

Note our website will not allow shipping to countries outside Australia.

The significant weight of transformers incurs high international shipping costs and customs charges therefore makes this a non viable product for international shipping.

You are welcome to ask for a quote via email if you are an international customer prepared to pay the cost for international shipping.

It is recommended and preferred that you arrange your own courier service to collect the product from our Sydney premises.

Please note all arrangements must be made by the customer and no liability is applied to Tortech L/P in the event that the item goes missing in transit internationally.

 

SHIPPING NOTICE - Placing your order

Australia Post E-parcel orders must be received before 12 pm on a working day (Monday-Friday) to be shipped that day.

 

Please note NOT all areas in Australia are guaranteed next day delivery when Express shipping method is selected.

You must check here if your address is within guaranteed next day delivery zone, we do not ship express items on the weekend they are shipped on a working day (Monday - Friday).

We are not responsible for any item that has not been delivered within time specified by Australia Post E-Parcel or our Courier Companies.

 

Tortech LP cannot be held responsible for products damaged by transit, fire, storm, water or other components or parts not supplied by Tortech LP or any condition not caused by the product’s operation

 

QUOTATIONS

Quotations given are valid for deliveries within 15 days from date of quotation. Orders placed within this period for delivery after the 30 days are subject to price rise and fall adjustments. Prices are F.O.B Sydney for all deliveries. For export shipments, unless otherwise agreed to in writing, all prices quoted are F.O.B. for L.C.L. shipments or F.O.B. for F.C.L shipments, Sydney.

 

GST

All website prices include GST. The GST will be shown as a separate total your tax invoice.

 

PRICING POLICY

Tortech LP is carefully monitored by our staff to provide customers with competitive pricing. Product prices are dynamically updated by our in-house purchasing system.  All prices are in Australian Dollars (AUD) and are charged inclusive of GST (Goods and Services Tax), regardless of shipping address.

 

PAYMENTS

Unless otherwise stated, all prices are net cash payable to Tortech LP. All payments shall, in all cases, be allocated to the oldest account due to payment. Instalments or part delivery of goods shall be paid for separately and payment shall be made on or before the due date. Tortech LP reserves the right to charge a 2% per month account-keeping fee with a minimum of $10.00 per month on all accounts which are unpaid 30 days from the date of invoice. For export orders, unless otherwise agreed to in writing, the payment terms shall be via an unconditional irrevocable letter of credit, drawn at sight.

 

PAYMENT TERMS & CONDITION ON CUSTOMISED PRODUCTION

50% Deposit is required upfront on custom made special orders

Full payment is required on all repairs/modification to existing product

 

DELIVERY OF PRODUCTS

Every effort will be made to effect delivery in the time promised, however, late delivery or non-delivery due to circumstances beyond the Company’s control, shall not constitute a breach of contract by the Company.  In addition the Company shall not be liable for any loss or damage, however so arising through such late delivery. The choice of the carrier and method of transport remains with the Company. The Company takes no responsibility for goods sent that “go missing,” when the Company can validate the delivery with a “Proof of Receipt” from the carrier/courier. 

 

The Delivery Fee for your order depends on the type of Product you order in particular, the size and weight of the Product.

You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.

We also recommend that you be present to accept the delivery of your order if you have paid by credit card.

We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.

If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.

 

You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order.

 

PRODUCT DISCLAIMER

With respect to products sold, Tortech LP makes no representations or warranties, either expressed or implied, of any kind, except as stated herein. In no event shall Tortech LP, its directors, officers, employees and representatives be liable for any direct, indirect, consequential, special, exemplary or other damages related to the product sold.

 

Tortech LP aims to include in the Product List up-to-date pictures of the goods, but from time to time, the picture of the goods on the Product List may differ from the goods actually supplied to you. 

 

WARRANTY

All Units come with a 1 year warranty (from date of purchase).

If a unit has a malfunction due to manufacturing or is D.O.A (dead upon arrival) we will refund or exchange the goods and freight cost (original postage receipt must be included with the returned goods and completed return form).

If returned goods are tested to be in working order then our “Returns Policy” will apply to these goods.

Products which have been opened, misused, tampered with internally and or deliberately modified will void the warranty.

 

GUARANTEE

All goods manufactured by, or sold under the brand name Tortech LP, are guaranteed for one year from date of delivery against faulty materials and/or workmanship, subject to the following conditions:- 

  • Goods must be used under normal operation conditions, mounted and connected with due care and according to relevant Australian Standards, or in accordance with generally accepted practices. 
  • Goods must be returned to Tortech LP’s factory within 7 days of the detection of the alleged fault, in good order and condition. Wilfully damaged or defaced goods are excluded from this guarantee. 
  • Tortech LP cannot be held responsible for products damaged by transit, fire, storm, water or other components or parts not supplied by Tortech LP or any condition not caused by the product’s operation. 
  • Tortech LP reserves the right to request that the complete piece of equipment containing in the allegedly faulty component be returned to Tortech LP for inspection and testing.  
  • Tortech LP cannot be held responsible for goods damaged in transit or during assembly or goods into other equipment. 
  • In any dispute under this Guarantee, Tortech LP reserves the right to obtain the opinion to a disinterested party whose opinion as to any question of fact under this Guarantee shall be binding on the parties. 
  • Tortech LP will not accept any charges for replacement of any Tortech product unless consent to carry out such work is given in writing by Tortech prior to commencement of work. 
  • In so far as the Trade Practices Act 1974, as in force from time to time, affects this Contract, the liability of Tortech LP for a breach of any condition or warranty (except as to title) in relation to the supply of any of those goods shall be limited to the repair or replacement of those goods or the supply of equivalent goods (at the option of Tortech LP). 
  • In respect of transactions under this Contract to which the said Trade Practices Act or any other relevant Act does not apply, all warranties and conditions with regard to the goods sold implied by Common Law, Statute (to the extent permitted by such Statute) or trade usage are excluded and the goods are not warranted to perform any particular task or to conform to any specified standard. 
  • Price Variation – Tortech LP reserve the right to charge price variation on imported goods if the variation of the exchange rate is more than 2%. 


1) RETURNS POLICY (FAULTY GOODS)

To deem a good faulty we require that the goods be returned to us first for testing to determine the fault.

Tortech LP returns form MUST be completed and sent back to Tortech LP together with the returned goods.

Where goods are deemed to be by faulty Toretch LP will honour the postage cost incurred by you to return the goods back to us.

 

2) RETURNS POLICY (NON FAULTY GOODS)  

a ) Return of goods:

Return of goods received back at our premises within 7 days from the date of purchase incurs a 10% restocking fee with the original and return shipping fees non refundable.  

Return of goods received back at our premises after 7 days from the date of purchase incurs a 20% restocking fee with the original and return shipping fees non refundable.  

b ) Exchanges

Exchanges received back at our premises within 7 days have a 10% restocking fee with the original and return shipping fees non refundable.   

Exchanges received back at our premises after 7 days have a 20% restocking fee with the original and return shipping fees non refundable.

 

All RETURNS, EXCHANGES & REFUNDS must be sent back with the required return form, which will be sent to you after your call or email to us explaining the reason for your return.

You will need to include on the form your return authorisation number and other relevant information required. 

You must email or call us first to request this form; failure to include this form with the returned goods will result in us not being able to process the refund. 


PATENTS 

In all cases where the design is provided by the customer, the Company accepts no responsibility for infringement of letters patent, or any application for letters patent or registered design. The Company undertakes that no disclosure of design will be knowingly made to any other parties unless with the customer’s expressed or implied consent. The customer by acceptance of this quotation agrees to hold the Company indemnified absolutely in respect of all or any liability which the Company but for this condition might incur in respect of any infringement of letters patent, or application for letters patent, or registered design, which might arise as a result of the customer’s order. 


LOCATION OF CONTRACT (LEGAL DOMICILE)

Any contract with the Company shall be deemed to have been executed and entered into the State of NSW and the same shall be construed enforce and performed in accordance with the laws thereof any proceedings shall be brought and heard in Sydney. 

 

TITLE

The Company supplies goods on the condition that property of the goods does not pass until they have been paid for in full, but the goods are at the risk of the purchaser as soon as they have been delivered to or into the custody of the purchaser’s agent. 

 

USER NAME AND PASSWORD

Tortech LP considers registration information private, and maintains that the safekeeping of your username and password are your responsibility. We are not liable for any unauthorised use of your username and password.

 

LAWS

This Agreement, its Terms and Conditions and the Use of this Site shall be governed by the laws in existence in Australia. You agree that any claim relating to the Site and our service can only be dealt with in a court in the state of NSW, Australia.

 

TERMINATION

The terms of this Agreement remain effective even if terminated by either party. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice, subject to applicable law. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.